US trade diplomacy is under-emphasizing civil remedies. Increasing criminal IP enforcement can be inconsistent with US domestic policies of utilizing criminal remedies when a civil remedy is inadequate as well as our international goals of protecting of IP as a private property right and incentivizing market mechanisms in economies such as China.
USTR released its Special 301 Report (the “Report”) on April 30, 2021. The China except is attached here. The Report addresses a wider range of IP issues than in many prior years. […]
I have posted a draft Chinese civil procedure flow chart that highlights unique aspects of China’s Civil Procedure Law. Please feel free to comment.
There are now numerous IP cases where foreign judges have decided that Chinese courts failed to provide adequate notice or procedural transparency. Should concerns over a failure to comply with general notions of due process, including notice or access to counsel mandate that a court limit the impact of a foreign court’s anti-suit injunction?
Addendum of April 18, 2020: Here is an English language unofficial translation of the Implementation Plan and the Guidelines for reference purposes. If you see any errors, please advise us by comments […]
The vote for WIPO Director General will be made in early March. The Chinese candidate, Madame Wang Binying, is known to many in the foreign IP community in China, IP diplomats, and […]
How much will the IP Sections of the Phase 1 Agreement (the “Agreement”) with China change IP strategies in China? For the most part, the Agreement adds much less than its appearance might […]
Two major China IP events occurred in late November and December. One of them was the long-awaited first phase of a settlement of the US-China trade war. The second was the nomination […]
Foreign Investment Law Implementing Regs Open For Public Comment: Administrative and Punitive Enforcement Ascends Again
The Ministry of Justice had published a draft of the Foreign Investment Law Implementing Regulations for public comment. Chinalawtranslate has prepared an English translation of the proposed regulations and of the law […]
Berkeley Law and Tsinghua law will be co-hosting their Second Annual Conference on Transnational IP Litigation, at the campus of UC Berkeley on October 22, 2019. Details, including registration information, are available here. […]